10 U.S. Code Chapter 59 - SEPARATION

Amendments

2009—Pub. L. 111–84, div. A, title V, § 512(a)(2), Oct. 28, 2009, 123 Stat. 2281, added item 1177.

2006—Pub. L. 109–163, div. A, title VI, § 643(a)(2), Jan. 6, 2006, 119 Stat. 3309, added item 1175a.

2000—Pub. L. 106–398, § 1 [[div. A], title VII, § 751(a)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–193, added item 1178.

1996—Pub. L. 104–134, title II, § 2707(a)(2), Apr. 26, 1996, 110 Stat. 1321–330, struck out item 1177 “Members infected with HIV–1 virus: mandatory discharge or retirement”.

Pub. L. 104–106, div. A, title V, §§ 563(a)(1)(B), 567(a)(2), Feb. 10, 1996, 110 Stat. 325, 329, added item 1167 and substituted “Members infected with HIV–1 virus: mandatory discharge or retirement” for “Members who are permanently nonworldwide assignable: mandatory discharge or retirement; counseling” in item 1177.

1994—Pub. L. 103–337, div. A, title V, § 560(a)(2), title XVI, § 1671(b)(10), Oct. 5, 1994, 108 Stat. 2778, 3013, struck out items 1162 “Reserves: discharge” and 1163 “Reserve components: members; limitations on separation” and added item 1177.

1992—Pub. L. 102–484, div. A, title V, § 541(b), Oct. 23, 1992, 106 Stat. 2413, added item 1176.

1991—Pub. L. 102–190, div. A, title VI, §§ 661(a)(2), 662(a)(2), Dec. 5, 1991, 105 Stat. 1395, 1398, added items 1174a and 1175.

1980—Pub. L. 96–513, title V, § 501(15), Dec. 12, 1980, 94 Stat. 2908, struck out item 1167 “Regular warrant officers: severance pay” and added item 1174.

1973—Pub. L. 93–64, title I, § 102, July 9, 1973, 87 Stat. 147, added item 1173.

1968—Pub. L. 90–235, § 3(a)(1)(B), Jan. 2, 1968, 81 Stat. 757, added items 1169 to 1172.

1962—Pub. L. 87–651, title I, § 106(c), Sept. 7, 1962, 76 Stat. 508, added item 1168.

Limitations and Requirements in Connection With Separations for Members of the Armed Forces Who Suffer From Mental Health Conditions in Connection With a Sex-Related, Intimate Partner Violence-Related, or Spousal-Abuse Offense

Pub. L. 116–92, div. A, title V, § 570A, Dec. 20, 2019, 133 Stat. 1398, provided that:

“(a) Confirmation of Diagnosis of Condition Required Before Separation.—Before a member of the Armed Forces who was the victim of a sex-related offense, an intimate partner violence-related offense, or a spousal-abuse offense during service in the Armed Forces (whether or not such offense was committed by another member of the Armed Forces), and who has a mental health condition not amounting to a physical disability, is separated, discharged, or released from the Armed Forces based solely on such condition, the diagnosis of such condition must be—
“(1)
corroborated by a competent mental health care professional at the peer level or a higher level of the health care professional making the diagnosis; and
“(2)
endorsed by the Surgeon General of the military department concerned.
“(b) Narrative Reason for Separation if Mental Health Condition Present.—
If the narrative reason for separation, discharge, or release from the Armed Forces of a member of the Armed Forces is a mental health condition that is not a disability, the appropriate narrative reason for the separation, discharge, or release shall be a condition, not a disability, or Secretarial authority.
“(c) Definitions.—In this section:
“(1) The term ‘intimate partner violence-related offense’ means the following:
“(A)
An offense under section 928 or 930 of title 10, United States Code (article 128 or 130 of the Uniform Code of Military Justice).
“(B)
An offense under State law for conduct identical or substantially similar to an offense described in subparagraph (A).
“(2) The term ‘sex-related offense’ means the following:
“(A)
An offense under section 920 or 920b of title 10, United States Code (article 120 or 120b of the Uniform Code of Military Justice).
“(B)
An offense under State law for conduct identical or substantially similar to an offense described in subparagraph (A).
“(3) The term ‘spousal-abuse offense’ means the following:
“(A)
An offense under section 928 of title 10, United States Code (article 128 of the Uniform Code of Military Justice).
“(B)
An offense under State law for conduct identical or substantially similar to an offense described in subparagraph (A).
“(d) Effective Date.—
This section shall take effect 180 days after the date of the enactment of this Act [Dec. 20, 2019], and shall apply with respect to separations, discharges, and releases from the Armed Forces that occur on or after that effective date.”
Prohibition on Involuntary Separation of Certain Members of the Armed Forces

Pub. L. 116–92, div. A, title V, § 570B(a), Dec. 20, 2019, 133 Stat. 1398, provided that:

“(1) In general.—
No member of the Armed Forces may be involuntarily separated from the Armed Forces solely because that member is a covered member.
“(2) Covered member defined.—In this subsection, the term ‘covered member’ means a member of the Armed Forces who—
“(A)
possesses a current and valid employment authorization document that was issued pursuant to the memorandum of the Secretary of Homeland Security dated June 15, 2012, and entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals who Came to the United States as Children’; or
“(B)
is currently in a temporary protected status under section 244 of the Immigration and Nationality Act (8 U.S.C. 1254a).”